Hot Checks Division
The Hot Check Division is a service that helps merchants collect and prosecute hot checks. The Hot Check Division is here to assist victims of hot check writers.
The law allows for our office to collect, prosecute and require an additional fee from hot check writers, at no expense to the taxpayer. While our foremost emphasis is on restitution, our office will still follow rules of criminal procedure in case of prosecution.
If you are a victim of a hot check writer and wish to file a claim please read the following guidelines for the collection and prosecution of Insufficient Funds (NSF) checks prior to filing with our office.
For your protection, the check writer's driver's license number must be on the check (hand written or imprinted). Always verify the driver's license number.The check must be stamped NSF or Insufficient Funds by a banking institution. *Please note that our office does not accept checks in the amount of $20.00 or less, postdated checks or "replacement checks" for previous bad checks. We also will not accept checks in payment for contractual obligations that are civil in nature
You can download the necessary forms here:
Lizbeth P. Fuentes
Hot Check Clerk
San Benito Annex Office:
Phone: (956) 247-3565
A demand letter must be sent via certified, return receipt mail to the writer of the check giving him/her ten (10) days to pay. If the writer does not pay the victim within fifteen (15) days, the victim must submit a copy of the certified demand letter or the unclaimed letter.
- The check affidavit for each check writer must be submitted for prosecution. Once the ten (10) days have expired and the certified return receipt or the unclaimed letter has been returned, attach any invoices, receipts, or any documentation, which describes the goods and services, purchased with the check. Affidavit must be notarized prior to submitting to our office.
The above must be accompanied with the affidavit, the original check, a copy of the demand letter (unclaimed or certified return receipt card), and any copies of bank notices, statements, etc. pertaining to check in question.
We ask that you provide us with any and all pertinent current information i.e. work phone number, cell phone number, home address, etc., on a separate page to assist us in our investigation to ensure collection or prosecution.
For more information, contact the Hot Checks Division at (956) 546-1981.